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Insurance law 2022 BCSC 1473

Hoflin v. Doe

The court dismissed Ms. Hoflin’s claim against ICBC under the unidentified driver provisions because written notice was not given within six months.

  • Unidentified driver provisions (s.24)
  • Notice requirement (s.24(2))
  • Reasonable efforts to identify (s.24(5))
  • Discoverability rule
  • Subrogation to worksafebc
  • Insurance-law
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Tort 2021 BCSC 1499

Sambuev v. Handley

The court held West Arm Truck Lines Ltd. was not vicariously liable for a driver’s alleged road-rage assault on another truck driver and dismissed the claim against West Arm.

  • Assault
  • Road rage
  • Course of employment
  • Scope of employment
  • Statutory bar s.127 wca
  • Summary judgment
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Torts 2021 BCSC 656

Geddert v. Stokes

The court found the defendant solely liable after his reversing van struck the plaintiff’s ladder, causing a serious fall and extensive injuries.

  • Negligence
  • Contributory negligence
  • Apportionment
  • Non-pecuniary damages
  • Future care
  • Loss of earning capacity
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Tort 2017 BCCA 335

Singh v. Soper

The Court of Appeal held the $40,000 truck lease payment was not recoverable, setting aside the award because it was tied to personal injuries or, alternatively, wrongly treated as foreseeable.

  • Foreseeability
  • Remoteness of damage
  • Workers compensation act s.10(1) and s.257
  • Lease termination and finance leases
  • Mitigation of loss
  • Credibility and evidence
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Tort 2016 BCSC 829

Kallstrom v. Yip

The court found that multiple motor vehicle accidents caused an indivisible chronic pain and psychiatric injury, and awarded damages against the defendants.

  • Causation
  • Indivisible injury
  • Apportionment
  • Non-pecuniary damages
  • Loss of earning capacity
  • Future care
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Tort 2015 BCSC 1888

Pinch v. Hofstee

The court found Hofstee fully liable for the first collision, rejected mitigation arguments, and held the later accident damages were barred by workers’ compensation law.

  • Liability
  • Indivisible injuries
  • Apportionment
  • Mitigation
  • Workers compensation act s.10
  • Future care
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Workers compensation 2012 BCSC 260

Aitken v. Bethell

Summary trial on a motor-vehicle injury claim arising from a police pursuit. The court refused to dismiss the Minister under the Workers Compensation Act and dismissed the claims against the RCMP officers personally.

  • Statutory bar under workers compensation scheme
  • Vicarious liability under police act s.11
  • Police immunity under police act s.21(2)
  • Gross negligence threshold
  • Jurisdiction and finality of wcat
  • Striking pleadings and summary disposal
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Tort 2010 BCCA 418

Yaremy v. Insurance Corporation of British Columbia

Appeal from a statute-barred personal injury dismissal. The Court split on whether workers’ compensation election postponed time, with the majority dismissing the appeal.

  • Statute of limitations
  • Postponement of limitation period
  • Nominal defendant
  • Subrogation
  • Workers' compensation election
  • Statute-of-limitations
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Workers compensation 2009 BCSC 1094

Baiden v. Argent

The court refused special costs but allowed $8,400 as a taxable disbursement for specialist counsel retained for WCAT submissions on a workers' compensation issue.

  • Worker/worker bar (s.10 wca)
  • S.257 wca application to wcat
  • Taxable disbursement for external counsel fees
  • Solicitor-and-client (special) costs
  • Jurisdiction of wcat to award costs
  • Delegation of work to specialist counsel
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Workers compensation 2007 BCSC 1906

Eugenio v. Dhillon

The court allowed the defendants to amend their defence to plead the Workers Compensation Act, but only if their insurer gave an undertaking protecting the plaintiff from delay-related prejudice.

  • Section 10 workers compensation act defence
  • Amendment of statement of defence
  • Limitation periods under s.55 wca
  • Court-ordered undertaking by insurer
  • Amendment-of-statement-of-defence
  • Workers-compensation-act
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.